Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 1 of 112 Page ID #:605 Marc E. Hankin (SBN 170505) 1 Anooj Patel (SBN 300297) HANKIN PATENT LAW, APC 2 12400 Wilshire Boulevard, Suite 1265 Los Angeles, CA 90024 3 Tel: (310) 979-3600 Fax: (310) 979-3603 4 5 John M. Desmarais (SBN 320875) Karim Z. Oussayef (admitted pro hac vice ) 6 Brian D. Matty (admitted pro hac vice ) Michael Matulewicz-Crowley (admitted pro hac vice ) 7 DESMARAIS LLP 230 Park Avenue 8 New York, New York 10169 Tel: (212) 351-3400 9 Fax: (212) 351-3401 10 Attorneys for Plaintiff International Business Machines Corporation 11 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 INTERNATIONAL BUSINESS Case No. 8:19-CV-01777 MACHINES CORPORATION, a New 14 York Corporation, FIRST AMENDED COMPLAINT FOR PATENT 15 Plaintiff, INFRINGEMENT 16 v. JURY TRIAL DEMANDED 17 ZILLOW GROUP, INC., a Washington Corporation, ZILLOW, INC., a 18 Washington Corporation, 19 Defendants. 20 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 21 Plaintiff International Business Machines Corporation (“IBM”), for its 22 Complaint for Patent Infringement against Zillow Group, Inc. (“Zillow Group”) and 23 Zillow, Inc. (collectively “Defendants” or “Zillow”), alleges as follows: 24 JURISDICTION AND VENUE 25 This action arises under 35 U.S.C. § 271 for Defendants’ infringement of 26 IBM’s United States Patent Nos. 7,072,849 (the “’849 patent”), 7,076,443 (the “’443 27 patent”), 7,187,389 (the “’389 patent”), 7,631,346 (the “’346 patent”), 8,315,904 (the 28 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 1 Case No. 8:19-CV-01777 Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 2 of 112 Page ID #:606 1 “’904 patent”), 9,158,789 (the “’789 patent”), and 9,245,183 (the “’183 patent”) 2 (collectively, the “Patents-in-Suit”). 3 This action arises under the patent laws of the United States, including 35 4 U.S.C. § 271 et seq . The jurisdiction of this Court over the subject matter of this action 5 is proper under 28 U.S.C. §§ 1331 and 1338(a). 6 This Court has personal jurisdiction over Zillow Group and Zillow, Inc. 7 because, among other things: Zillow Group and Zillow, Inc. have a regular and 8 established place of business in this judicial district; Zillow Group and Zillow, Inc. have 9 committed, aided, abetted, contributed to and/or participated in the commission of acts 10 giving rise to this action within the State of California and this judicial district and have 11 established minimum contacts within the forum such that the exercise of jurisdiction 12 over Zillow Group and Zillow, Inc. would not offend traditional notions of fair play and 13 substantial justice; Zillow Group and Zillow, Inc. have placed products and services 14 that practice the claims of the Patents-in-Suit into the stream of commerce with the 15 reasonable expectation and/or knowledge that actual or potential users of such products 16 and/or services were located within this judicial district; and Zillow Group and Zillow, 17 Inc. have sold, advertised, solicited customers, marketed and distributed their services 18 that practice the claims of the Patents-in-Suit in this judicial district. 19 Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and 20 1400(b), at least because Zillow Group and Zillow, Inc. each have a regular and 21 established place of business in this judicial district and both Zillow Group and Zillow, 22 Inc. have committed, and continue to commit, acts of infringement in this judicial 23 district. 24 A. Zillow Has A Regular And Established Place Of Business In This District. 25 Zillow Group and Zillow, Inc. have a regular and established place of 26 business in this judicial district at 2600 Michelson Drive, Suite 1200, Irvine, CA 92612. 27 The building at 2600 Michelson Drive is marked with Zillow Group’s name and logo: 28 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 2 Case No. 8:19-CV-01777 Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 3 of 112 Page ID #:607 1 2 3 4 5 6 7 8 9 10 11 Ex. 1 (https://www.loopnet.com/Listing/2600-Michelson-Dr-Irvine-CA/14368559/). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ex. 2 (https://www.facebook.com/pages/category/Real-Estate-Service/Zillow- 27 Group-Irvine-132635443939887/). 28 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 3 Case No. 8:19-CV-01777 Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 4 of 112 Page ID #:608 1 The building is also home to Zillow, Inc. 1 Zillow Group and Zillow, Inc. have 2 approximately 60,074 square feet of office space in Irvine, California. 2 3 Venue is also proper in this district because Zillow Group and Zillow, Inc. 4 have numerous employees in this judicial district who are responsible for the design, 5 operation, sale, and marketing of the accused website and mobile applications. Zillow 6 Group and Zillow, Inc.’s technical employees in the district have titles such as: Senior 7 UI Designer, Senior Software Engineer, Software Engineer, Director of Product 8 Development, Full Stack JavaScript Engineer, Senior Software Developer, DevOps 9 Engineer, UI/UX Designer, QA Engineer, Senior Group Manager—Big Data, Senior 10 Software Development Manager, Software Development Engineer, and Product 11 Manager. Zillow Group and Zillow, Inc.’s technical employees design, develop, and 12 implement the infringing functionalities of the accused website and mobile applications 13 in Irvine, California. Zillow Group and Zillow, Inc.’s technical employees in this 14 district also have relevant information related to the design, development, and operation 15 of the accused website and mobile applications. 16 In addition to the employees already present in the district, Zillow Group 17 and Zillow, Inc. continue to advertise available job postings in the area, including for 18 the following positions: Senior Principal Machine Learning Engineer—Search, 19 Principal Machine Learning Engineer—Conversational AI, Data Integration Specialist, 20 Senior Front End Engineer, and Senior Software Development Engineer for New 21 Construction Listings. 22 Zillow Group and Zillow, Inc. also have sales and marketing employees 23 who work in the judicial district with titles such as: Sales, Sales Executive, Inside Sales, 24 Senior Account Manager, Agent Care Consultant, and Regional Sales Executive. 25 26 1 Ex. 3 (http://zillowgroup.mediaroom.com/2012-04-16-Zillow-to-Open-New-Office- Grow-Sales-Force-In-Orange-County-Calif) (describing 600 Michelson Drive, Irvine, 27 CA 92612 as a Zillow office location). 28 2 Ex. 4 (Zillow Group 2018 10-K) at 38. FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 4 Case No. 8:19-CV-01777 Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 5 of 112 Page ID #:609 1 Zillow Group and Zillow, Inc.’s sales and marketing employees located in Irvine, CA 2 are responsible for the sale and marketing of the infringing functionalities of the accused 3 website and mobile applications. 3 Zillow’s Irvine, CA office also includes sales 4 personnel responsible for work related to Zillow Premier Agent and, in particular, 5 “advertising to real estate agents.” 4 Zillow Group and Zillow, Inc.’s sales and 6 marketing employees in the district therefore have relevant information related to 7 demand for the infringing functionality, the marketing of the accused website and 8 mobile applications, and the revenue, costs, and profits of the accused website and 9 mobile applications. 10 On information and belief, Zillow Group and Zillow, Inc. offer networking 11 and support services from its offices located in the district. For example, Zillow 12 develops and offers its customer services from its office in Irvine, CA. 5 13 Venue is also proper in this district because Zillow Group and Zillow, Inc. 14 own numerous properties that they have purchased through “Zillow Offers.” For 15 example, Zillow Group and Zillow, Inc. have made “Zillow Offers” available in at least 16 Los Angeles County,6 Orange County, 7 and Riverside County. 8 As part of “Zillow 17 Offers,” Zillow Group and Zillow, Inc. purchase homes directly from home owners, 18 make repairs, and then sell the homes. 9 For example, Zillow Group and Zillow, Inc. 19 own the properties at 2526 N Whitewater Club Dr., Unit B, Palm Springs, CA 92262 20 and 101 Englemann Dr., Corona, CA 92881 in Riverside County. 21 22 3 Id. at 14. 23 4 Dkt 34-2 (Declaration of Nate Moch (“Moch Decl.”)) ¶ 15. 24 5 Id. ¶ 11. 6 Ex. 5 (https://www.latimes.com/business/la-fi-zillow-home-buying-20181211- 25 story.html). 26 7 Ex. 6 (https://www.ocregister.com/2019/05/09/zillow-offers-announces-plans-to- expand-ibuying-in-l-a-orange-counties/). 27 8 Ex. 5. 28 9 Ex. 7 (https://www.zillow.com/offers/) (describing the process for selling a home to Zillow Group and Zillow). FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 5 Case No. 8:19-CV-01777 Case 8:19-cv-01777-JLS-JDE Document 40 Filed 12/02/19 Page 6 of 112 Page ID #:610 1 2 3 4 5 6 7 8 9 10 11 12 13 Ex. 8 (https://www.zillow.com/homedetails/2526-N-Whitewater-Club-Dr-UNIT-B- 14 Palm-Springs-CA-92262/82017038_zpid/). 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT 6 Case No.